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Crime, Punishment, and Responsibility - The Jurisprudence of Antony Duff (Hardcover)
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Crime, Punishment, and Responsibility - The Jurisprudence of Antony Duff (Hardcover)
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For many years, Antony Duff has been one of the world's foremost
philosophers of criminal law. This volume collects essays by
leading criminal law theorists to explore the principal themes in
his work. In a response to the essays, Duff clarifies and develops
his position on central problems in criminal law theory.
Some of the essays concentrate on the topic of criminalization.
That is, they examine what forms of conduct (including attempts,
offensiveness, and negligence) can aptly qualify as criminal
offences, and what principled limits, if any, should be placed on
the reach of the criminal law. Several of the other essays assess
the thesis that punishment is justifiable as a form of
communication between offenders and their community. Those essays
examine the presuppositions (about the nature and function of
community, and about the moral structure of atonement) that must be
embraced if communication is to be a primary role for punishment.
The remaining essays examine the nature and limits of
responsibility in the law, as they engage with philosophical
debates over 'moral luck' by investigating the ways in which the
law can legitimately hold people responsible for events that were
not within their control. These chapters tie the first and third
parts of the book together, as they explore the relationship
between the principles that determine a person's responsibility and
the principles that determine which types of actions can
appropriately be criminalized.
Finally, Duff responds with comments that seek to defend and
clarify his views while also acknowledging the correctness of some
of the critics' objections.
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